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20130420
20130420
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, everyone grows with racle-gro. >>> there was no miranda warning given. that they were claiming a public safety exception. could we get an explanation for that. >> there is a public safety exemption in cases of national security and charges involving acts of terrorism and so the government has that opportunity right now, though i believe that the suspect has been taken to a hospital. >> you heard it right there. no miranda rights were read to the suspect here last night. a justice department official says the bombing suspect won't be read the miranda rights because of a public saflt exception. so what is the next judicial step? let's ask the executive director of the american center for law and justice. good morning. i think a lot of folks are not familiar with this public safety exemption. why invoke that at this time? >> usually it's rare, it would be an instance where there is a gun or some kind of in this situation, unexploded bombs. it's important for people to understand, this is not the most extreme move. what you get from this is very limited interrogation and on top of that, it
understand if he is indeed conscious and does survive before reading him miranda rights; is that correct? >> i believe molly line will be talking about that a little bit as well. there is a loophole. there is a way they don't have to. so he was not read his miranda rights to allow to ask questions of him. we don't know if questions have been asked. they may have asked questions of him when he was under the situation he was in, of course being pretty seriously injured. they do believe he is going to make it. that was something, not only important for them to do that because that is what we do in this society but important because of this investigation. last night we were told he was being brought here for treatment. we weren't too far behind the ambulance. as you made your way through boston, you could see many of the businesses reopened. you saw restaurants and bars reopened. at one point there was a small college and 500 students had gone into the streets and blocked off all four lanes cheering, holding signs and as first responders and medical teams came through that had nothing to do
given all that's transpired over the last week. >> he was not read his miranda rights which a lot of people are talking about today. explain the reason why. >> well, in the law there's what they have called a public safety exception to miranda. everybody knows what miranda is. you have the right to remain silent. anything you say can and will be used against you. the police don't have to say that to you if they are in hot pursuit of something relating to public safety. maybe worried about bombs in this case. they're worried about another plot or something else happening. so under those circumstances authorities do not have to give the miranda warning immediately to a suspect. a lot of people out there saying on the right that they ought not give miranda rights or any other kinds of rights to people who are deemed terrorists. people on the left saying you ought to use the regular court to try to try these individuals. this is an ongoing debate about the law in this country. >> let's talk about the penalty that the younger suspect may face. we're still waiting for charges to be file
's been read his miranda rights and at what point does he get counsel? >> he will get counsel more or less immediately, if he asks for it. certainly he will be read his miranda rights. this is obviously a very controversial subject involving terrorism investigations, but since this was an fbi arrest, this will -- he will be read his miranda rights. he doesn't have to ask for a lawyer. he could make statements that could later be used against him. that's after all what the miranda warnings are. you can have an attorney or you can make a statement. depending on -- >> jeff, let me jump in here. i want to check in with john king. >> -- he will either speak to -- >> john, you're hearing more? >> i just want to pass along information from our producer, who says two federal law enforcement officials have confirmed to her they have verified the identity. it is the younger brother, suspect number two, in custody. it is now they say federal officials verified the identity and have no doubt. as i said earlier, a federal official i communicated with said in custody, unspecified medical needs and they
without miranda, this is because federal authorities were able to implement the... the national threat exemption. and that will allow them to continue to question him. now, just on the other side of the police tape is a spontaneous celebration, beginning with people huddled around the radios, wanting to hear the latest information h. they got the information they wanted, cheers would erupt. ultimately, they lined both sides of the road and cheered for the emergency vehicles as they were leaving this scene. the tactical teams, the police officers, the national guardsmen, all got cheers. the crowd would erupt and chanted u-s-a! u-s-a ?ft and patriotic songs, as the people here endured so much the last couple of days, very glad to see this chapter of the trag fee tragedy is over. >> we will see you again. >> what is next here? joining us now, the criminal defense attorney, james shalloc, familiar with cases involving multiple murders. he prosecuted son of sam killer, david brcko wits. i have to think, the most powerful evidence may be the videotape, the day of the bombing. it not only sho
okayed the suspension of the suspect's miranda rights. is that a temporary suspension? >> reporter: yes, by law it is. it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say they haven't found any of those either but that's what they want to ask him. and this exception probably begins to expire the moment you invoke it so it's probably no good for more than a day or two but nonetheless they can do that. afterwards they'll have to give him his miranda warning and say whether he'll continue to answer questions. the justice department says even in very serious cases like this, most people in custody do continue to talk. >> pete, who's going to be interrog
incriminating evidence against him, there will be a necessity to advise him of his miranda warnings. they are probably discussing the timing, the first priority to protect the public. but they don't want to jeopardize their case. but there is no much evidence, my guess that will be a lesser consideration in their deliberations. >> you are right. the public safety exemption-- the interrogation has to be limited and focused. but that's not the case if he were to be declared an enemy combatant. now senator lindsay graham says he should be declared an enemy combatant so a thorough interrogation, a lengthy one without limits could be undertaken. would you agree with that? >> i know, i think it's hard to judge from a distance, without greater information. so, no, i wouldn't be calling to treat him as an enemy combatant without more information. the consequence is, you treat him like an enemy combatant, you may have a longer interview that may or may not give you better information than if you mirandize him. but it poses a real problem, in terms of prosecutes him and bringing him to judge.
with the miranda rights? one of theeissues we worked in congress and a very concerned about is whether he runs right away and gets a lawyer. i think there needs to be a u.s. attorney right beside those fbi agents. there's a public safety exception in a time like this that they have to get to the guy and find out as much as they can about any other kind of imminent threat before he lawyers up and nobody talks to him. neil: your fear is if he's killed it complicates things? >> oh, absolutely. not only what we might learn, but what we need to learn about what may have happened in the months proceeding this. neil: okay, chairman, thank you very much. our local -- >> thank you, neil. neil: our local fox affiliate now reports now that the suspect is now in custody. this is, again, something we are hearing from the local fox affiliate. we have no other confirmation of that, but that the suspect is in dust di meaning he's been taken alive. we don't know what condition he's in, but to a friend and colleague and now producer on the scene when all of this went down, fox news on the ground, chris, you wer
Search Results 0 to 7 of about 8